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In a first for South Africa, proposed guidelines for the legal cultivation of cannabis have been released, but proponents of Peter Tosh’s 40-year-old reggae hit Legalise It will not necessarily be celebrating.
The draft guidelines do not mean that Rastafarians and recreational users will be allowed to grow dagga plants without the risk of prosecution. The guidelines, released on Tuesday by the Medicines Control Council (MCC), provide for the legal cultivation, production and manufacturing of cannabis and related products in exceptional circumstances, and solely for medicinal and research purposes.
The guidelines are relevant for existing legislation under the Medicines and Related Substances Act, but are a precursor to the Medical Innovation Bill that seeks to legalise the medicinal use of cannabis. The bill was first proposed by Inkatha Freedom Party MP Mario Ambrosini, who had cancer. Ambrosini died in 2014.
In terms of the guidelines, an applicant may be granted a licence by the MCC to grow dagga for medicinal purposes and a permit can be issued by the health department.
The MCC notes that in recent years, a “small but growing body of evidence has emerged claiming that cannabis may have medicinal value for some patients in conditions where other treatments have failed.”
Cannabis is known to alleviate muscle spasm and chronic pain.
But cannabis remains a “highly psychoactive” prohibited substance and licences will be granted only under stringent conditions that are outlined in the 32-page document.
There are no restrictions on the number of licences that may be issued, but the overall quantities must not exceed quotas allocated by the International Narcotics Drug Control Board and strict measures will be in place to ensure that the product is not diverted into the illicit market and for recreational use.
The “integrity” of every applicant will be taken into account and strict monitoring will be in place to avoid unintended usage and to exclude criminal elements, including organised criminals.
Other proposed measures include:
» Strict checks and control of staff members that include security checks, proof of identity, regular drug testing and statements;
» Training and hygiene policies must be developed;
» Adequate access controls must be in place to ensure the physical security of cannabis and to prevent loss or theft; and
» Strict packaging, storing, distribution and transportation requirements are outlined.
The MCC’s draft guidelines are open for public comment until the end of the month.
Ambrosini’s bill is currently before Parliament’s health portfolio committee, which was briefed by the MCC and health department in November last year.
While the IFP supports the legalisation of dagga for medicinal use only, a Rastafarian community and pro-dagga activists have lodged a case in the Western Cape High Court in a bid to get dagga legalised for religious reasons.
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